Terms of Use

PLEASE READ THESE LICENCE TERMS CAREFULLY

By downloading the app, you are agreeing to these terms and our eligibility criteria, which are legally binding. Please read them together with our privacy policy before you use the app. Only use the app if you have read the rules and agree to them.

If you do not agree to these terms or satisfy the eligibility criteria, we will not allow you to use the app and you should not use it.

Who we are and what this agreement does

We Doctor’s Kitchen Digital Limited (company number 14307910) of 137-139 Empress Building Centre Long Lane, London, England, N3 2HY license you to use the following as permitted in these terms:

• The Doctor’s Kitchen mobile application software, any data supplied with the software, ( App ) and any updates or supplements to it.
• The related online or electronic documentation ( Documentation ).
• The service you connect to via the App and the content we provide to you through it ( Service ).

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy & Cookie Policy and it is important that you read that information.

The Apple App Store and Google Play Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the App Store’s rules and policies, the App Store’s rules and policies and Google Play’s policies will apply instead of these terms where there are differences between the two.

Operating system requirements

This App requires a device compatible with Apple iOS 13 operating system.

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure or anything else that it would not be reasonable to expect us to control.

Updates and support for the App

Updates. We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App. Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

SupportIf you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at The Doctor’s Kitchen website (thedoctorskitchen.com).

How to tell us about problems

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team here.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto your iOS compatible device and view, use and display the App and the Service on such devices for your personal purposes only. In addition, you may share the App and the Service in accordance with the rules set out in What is Family Sharing? – Apple Support.
• use any Documentation to support your permitted use of the App and the Service.

Eligibility

By using the App and/or Services, you represent and warrant that you satisfy the below eligibility criteria and have the right, authority and capacity to enter into these terms and will abide by the terms and conditions.

You must be 18 or over to accept these terms and buy the App. We do not permit individuals under 18 years of age to become registered users of our App or Services.

You must not use the App if you are pregnant. Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians/other medical professionals, individuals who are pregnant shall not use our App or Services.

You must not use the App if you are underweight. Individuals who are currently or have a goal to be at a BMI below 18.5 will be unable to use our App or Services. According to the NHS, current medical standards indicate a healthy BMI range to be between 18.5 and 24.9, with a BMI falling below 18.5 to be considered underweight. Weight loss for underweight individuals is not recommended and should be supervised by a medical professional.

You must not use the App if you have an eating disorder. Individuals who have or have had an eating disorder will be unable to use our App or Services.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at here.

Changes to these terms

We may need to change these terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will work with the current version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

Subscriptions

Our Services consist of a free trial (Free Trial a limited version App ( Basic Service ), a premium subscription service ( Premium Service ) and an enterprise subscription ( Enterprise Subscription ).

The Premium Service typically requires a fee, which is either paid by the user monthly or annually. The Enterprise Subscription typically requires a fee, which is usually paid by your employer or associated organisation. You do not have to become a Premium Service or Enterprise Subscription user to use the App or Services. However, if you are not a Premium Service or Enterprise Subscription user, you may be precluded from using certain portions, components, content, features, or resources of our App and/or Services. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.

Whichever Service you use, you are responsible for all charges and fees associated with connecting to and using the App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our App.

Fees, renewal, cancellations & refund policies

Agreement to Pay. If you are a Premium Service user, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the App and Services may also apply.

Renewal. Your Premium Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your Enterprise Subscription will not automatically renew at the end of your subscription period and you will be automatically transferred to the Basic Service unless you sign up to the Premium Subscription or a new Enterprise Subscription.

By not cancelling the Premium Service or continuing to use the paid subscription features of the App you will reaffirm that we are authorised to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded to the Basic Service effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If:

1. you purchased a multiple-period prepayment plan; or
2. you were eligible for a promotional rate but are no long eligible for that rate;

then you will be offered to renew your Premium Subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Premium Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.

Cancellation of Premium Subscription or Enterprise Subscription. You can cancel your subscription for our Premium Service at any time through the Apple App Store or through the iOS Settings on your iOS compatible device, or by such other means as we may provide from time to time. Apple will process all cancellation requests. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Premium Service or Enterprise Subscription, your subscription will remain active until the end of your then-current subscription period. If you sign up for Premium Service after that time frame, your previous data will not be available.

No Refund Policy. All fees and charges are non-refundable. If you choose to cancel your subscription within your Free Trial period, you will not be charged for a subscription. If you terminate after the Free Trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.

Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through the App or by email from time to time. Any changes made will apply to all memberships created or renewed after the date such change was implemented.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• except in the course of permitted sharing (see above) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program ( Permitted Objective ), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Health and medical service disclaimer

We do not provide professional medical services or advice. The services and/or app do not contain or constitute, and should not be interpreted as, medical advice or opinion. Our App and any and all services provided by, in and/or through the Services are for informational purposes only.

Use of the services is not for medical emergencies.

Non-doctor-patient relationship. The Doctor’s Kitchen does not provide medical services or render medical advice. Nothing contained in the App and/or Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for health-care professional consultation, evaluation, or treatment, and the information made available on or through the App and/or Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Your use of the services does not create a doctor-patient relationship between you and The Doctor’s Kitchen or associated parties.

Seek medical advice before using the App and Services. You should seek the advice of a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the App or Services. You should not use the App or Services if you don’t meet the Eligibility criteria. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your health-care professional before using the App or Services.

The App and Services are not a substitute for professional medical advice. You represent to us (which representation shall be deemed to be made each time you use the App or Services), that you are not using the App or Services or participating in any of the activities offered by the App or Services for purpose of seeking professional medical advice. You further agree that, before using the App or Services, you shall consult your health-care professional, particularly if you are at risk for problems resulting from exercise or changes in your diet. Do not start this program if your physician or health care provider advises against it. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. If any information you receive or obtain from using the App or Services that is inconsistent with the medical advice from your health-care professional, you should follow the advice of your health-care professional. If you have any concerns or questions about your health, you should always consult with a health-care professional.

Use of the App and Services is at your risk. The use of any information provided on the App and Services is solely at your own risk. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this Site will always include the most recent findings or developments with respect to the particular material.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• you must stop all activities authorised by these terms, including your use of the App and any Services.
• you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• we may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law although, if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.

Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.